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HomeMy WebLinkAboutAgenda Report - October 17, 2007 E-05AGENDA ITEM %5 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Approving Improvement Agreement for Public Improvements at 610 South Guild Avenue MEETING DATE: October 17,2007 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution approving the attached Improvement Agreement for Public Improvements at 610 South Guild Avenue and authorizing the City Manager and City Clerk to execute the agreement on behalf of the City. BACKGROUND INFORMATION: The subdivision is located at 610 South Guild Avenue and consists of six industrial lots on five acres (Exhibit A). The developer, Arthur L. Anderson and A. M. Stephens Construction Company, Inc., has furnished the City with improvement plans, necessary agreements, guarantees and insurance for the proposed project. The developer also paid the required improvement agreement preparation fee and other miscellaneous fees ($33,594.49). Development Impact Mitigation Fees will be collected at time of building permit issuance of each individual parcel. The public improvements include the installation of a public water main and miscellaneous street paving and driveway installations. FISCAL IMPACT: There will be a slight increase in long-term maintenance costs for public infrastructure (water). FUNDING AVAILABLE: Not applicable. r Richard C. Prima, Jr. Public Works Director Prepared by: Lyman Chang, Senior Civil Engineer RCPILCIpmf Attachments cc: Arthur L Anderson A. M. Stephens Construction, Inc. Senior Civil Engineer Chang Junior EngineerBoyer APPROVED: BlajeVR6, City Manager ClmpAgmt_FinalMapW S Guild.doc 101312007 IMPROVEMENTAGREEMENT for the PUBLIC IMPROVEMENTS of 610 S. Guild Avenue THIS AGREEMENT is made and entered into by and between the CITY C' LODI, hereinafter referred to as "City", Arthur L. Anderson, and AM. Stephens Construction Company Inc., hereinafter referred to as "Developer'. RECITALS: Developer has presented to City for approval a final parcel map, hereinafter called "map", and necessary street and easement dedications shown thereon, or provided under separate instrument. Developer has requested approval of the map prior to the construction and completion of public improvements, including all streets, highways or public ways and public utility facilities which are a part of or appurtenant to the development, hereinafter called "project", all in accordancewith and as required by the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of project, which plans and specifications are now on file in the office of and endorsed with the approval of the Public Works Director or his designee. Council of the Citywill accept the dedications offered on condition that Developerfirst enter into and execute this agreement with City; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 15 and 16 of the Lodi City Code. NOW THEREFORE, for and in consideration cf the acceptance of the dedications offered, and in order to insure satisfactory performance by Developerof Developer's obligations under State law and City code, the parties agree as follows: 1. Performance of Work bvDevelooer Developerwill do and perform, or cause to be done and performed at Developer's own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the Public Works Director, all of the work and improvementsas shown on the approved improvement plans for the project, Drawing Nos.005D012-01 through 005D012-09, which are on file in the Public Works Department. The Developer shall also perform or cause to be performed the following items which are not shown on the improvement plans: A Natural gas line installation B. Telephone line installation C. Electrical system D. Cable N system 2. Development Changes Developer shall also perform all work and furnish all materials necessaryto comply with any changes required by the Public Works Director, which, in his opinion, are necessary hWagmt (rev. 09/27/2007) or required to complete the work in conformancewith City Standards or are the result of changed conditions. 3. Performanceof Work bvCitty Prior to the approval of the final map by the City, it is agreed that the Developer shall deposit with the City the amount of money shown as the "Developer Cost" on Billing Schedule attached hereto and by this reference made a part hereof. From payments made under Billing Schedule, Developer elects to have the City perform or install or cause the installation of the following items: A Street seal coat B. 10 -inch Water Service Hot Taps C. Televideo inspection of the public and private sewer and storm drain lines. The fee shown on the Billing Schedule is based on the linear footage of sewer and storm drain pipe, including laterals, shown on the improvement plans. The fee will be adjusted, if necessary, when the televideo inspection is complete. Any additional fee must be paid priorto project acceptance. Developer shall also pay all additional costs for work performed by City forces deemed by the Public Works Director necessaryto complete the work under this agreement in conformancewith City Standards. 4. Develoomentimpact Mitiaation Fees Development Impact Mitigation Fees for water, wastewater, street, storm drainage, Police Fire, Parks & Recreation, and General City facilities shall be paid at time of building permit issuance for each iadividual parcel. 5. Work: Time for Commencement and Performance Developershall, within 365 calendar days from the date of this agreement, perform or cause to be performed all work and/or improvements described under this agreement. At least 15 calendar days prior to the commencement of work hereunder, Developer shall n o t i i the Public Works Director of the date fixed by Developerfor commencement thereof so that City can provide inspection services. 6. Time Extension Time is of the essence of this agreement. The City may extend the time for completion of the improvements hereunder under the terms of an Addendum to this agreement which shall be approved by the City Manager. Any such extension may be granted without notice to the Developer's surety, and extensions so granted shall not relievethe surety's liability on the bond to secure the faithful performance of this agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developerto an extension. -0-T487re I= P 7 - 1 rem, Prior to acceptance of the project improvements, the Developer shall have installed and in place all survey monuments as shown on the Map and provided record drawings and certifications as described in the City of Lodi Public Improvement Design Standards. 8. Permits: Comoliancewith Law Developer shall, at Developer's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. ippagmt (rev. 09/27/2007) 2 9. Superintendence bvDevelooer Developer shall give personal superintendence to the work on said improvement, or have a competent agent, foreman or superintendent, satisfactoryto the Public Works Director, on the work at all times during progress, with authority to act for Developer. 10. inspection by City Developershall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work. Inspectionswill be provided during normal working hours. Developerwill be billed for inspections on work performed on weekends, holidays and overtime. 11. Contract Security Concurrentlywith the execution hereof, Developer shall furnish Improvement Security of at least 100% of the estimated cost of public improvements plus deferred fees and engineering costs of surveying, record drawings and certifications as securityfor the faithful performance of this agreement and repair or replacement of defective work under Paragraph 17 following; and an amount equal to at least 50% of the above costs, excluding deferred fees, as security for the payment of all persons performing labor and furnishing materials in connectionwith this agreement as more fully described in the State Subdivision Map Act. The City has determined these security amounts to be as follows: Faithful Performance $355,000.00 Labor and Materials $177,500.00 12. Warranty Security Priorto acceptanceof the project improvements bythe City, Developershall furnish Warranty Security of at least 10% of the total cost of the actual project cost as of two weeks before the hearing on project acceptance. The warranty perior shall be two (2) years following the date of acceptance of the improvements. If any portion of the project receives project improvements shall commence upon the date of final acceptance for the entire project. 13. Hold-HarmlessAareement Developer hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liabilityfor damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Developer's or Developer's contractors', subcontractors', agents' or employees' operations underthis agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. Developer agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: A. That City does not, and shall not, waive any rights against Developerwhich it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Developer, cf any of the insurance policies described in Paragraph 14 hereof. impagmt (rev. 09/27/2007) 3 B. That the aforesaid hold -harmless agreement by Developer shall apply to all damages and claims for damages cf every kind suffered, or alleged to have been suffered, by reason cf any of the aforesaid operations referred to in this paragraph, regardless cf whether or not City has prepared, supplied or approved of, plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any cf such damages or claims for damages. 14. Developer's Insurance Developer shall not commence work under this agreement until Developer shall have obtained all insurance required under this paragraph, nor shall Developer allow any contractor or subcontractor to commence work on Developer's contract or subcontract until all similar insurance required cf the contractor or subcontractor shall have been so obtained. Al requirements herein provided shall appear either in the body cf the insurance policies or as endorsements and shall specificallybind the insurance carrier. A. Compensation Insurance Developer shall maintain, during the life cf this agreement, Worker's Compensation Insurance for all Developer's employees employed at the site cf improvement, and in case any work is sublet, Developer shall require any contractor or subcontractor similarlyto provide Worker's Compensation Insurance for all contractors' or subcontractors' employees, unless such employees are covered by the protection afforded by Developer. Developer hereby indemnifies City for any damage resulting to it from failure ofeither Developer or any contractor or subcontractor to take out or maintain such insurance. B. Comprehensive General and Automobile Insurance Developer shall take out and maintain during the life cf this agreement such insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Developer and any contractor or subcontractor performingwork covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise on the subdivision property, including any public streets or easements, from Developer's or any contractors' or subcontractors' operations hereunder, whether such operations be by Developer or any contractor or subcontractor or by anyone directly or indirectly employed by either Developer or any contractor or subcontractor, and the amount ofsuch insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $2,000,000 Bodily Injury - Each Occurrence/Aggregate $2,000,000 Property Damage -Each Occurrence/Aggregate or $2,000,000 Combined Single Limit 2. CUMPREt 1ENSIVE AU7 UMOBILE Llj kBIl iT $2,000,000 Bodily Injury- Each Person $2,000,OOOBodily Injury - Each Occurrence $2,000,000 Property Damage - Each Occurrence or $2,000,000 Combined Single Limit impagmt (rev. 09/27/2007) 4 Developer must have comprehensive automobile liability only if Developer's vehicles are used on-site. NOTE: Developer agrees and stipulates that any insurance coverage provided to the City of Lodi shall providefor a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitationsfound in the California Tort Claims Act (California Government Code Section 810 et seq.). 'Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: A. Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents and employees as additional named insured insofaras work performed bythe insured underwritten contract with the City of Lodi. This endorsement shall be on the form furnished by the City and shall be included with Developer's policies. B. Primary insurance Endorsement Such insurance as is afforded bythe endorsementfor the additional insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. C. Severability of interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. 15. Evidence of Insurance Developershall furnish City, concurrentlywith the execution hereof, with satisfactory evidence of the insurance required and evidence that each carrier is requiredto give City at least 30 days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this agreement. The address of the City of Lodi must be shown on the certificate of insurance, i.e., City of Lodi, 221 West Pine Street, Lodi, CA 95240. Title to, and ownership of, all public improvements constructed hereunder by Developer shall vest absolutely in City upon completion and acceptance of such public improvements by City. 17. Repair or Reconstruction of DefectiveWork If, within a period of 2 year afterfinal acceptance by City of the work performed underthis agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Developer, or any cf the work done under this agreement, includingthe mitigation measuresfor dust and erosion control, fails to fulfill any of the requirementsd this agreement plans and specifications iMagmt (rev. 09/27/2007) referredto herein, Developer and Developer's surety shall, without delay and without cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Developer or Developer's suretyfail to act promptly or in accordancewith this requirement, or should the exigencies of the case require repairs or replacementsto be made before Developercan be notified, City may, at its option, make the necessary repairs or replacements or perform the necessarywork, and Developer shall payto Citythe actual cost of such repairs plus 15°/a for administration and overhead costs. 1 a. Repair or Replacement of City -owned Bvoass Meter Assemblies The Developer is required bythe City to install bypass meter assemblies in conjunction with the installation of water mains in the City of Lodi. The City will supply these assemblies upon receipt of a deposit in the amount of $5,000.00 for each assembly required. The purpose of the deposit is to guarantee the return of the assembly in good condition and fulfillment of the other obligations shown in the City's Policies and Procedures entitled "Metering Water Usageof New Water Mains RequiringTemporary Bypasses", a copy of which is attached hereto and made a part hereof. 19. Mud, Debris. Dust and Erosion Developer agrees and covenants not to permit mud or other debris to be tracked from the construction site or elsewhere onto City or County streets or onto private propertywithout express permission. Developerfurther agrees not to cause damage to City or County streets. Should any mud or debris be deposited in City or County streets or any damage caused to City or County streets, the Developer shall have the same removed or repaired forthwith, and if not removed or repaired upon notice within a specified time, the City shall cause the same to be removed or repaired and the Developershall be charged for the cost of said removal or repairs. The Developer, Developer's contractor andlor agents shall be responsibleso no dust cr erosion problems are created during construction, including installation cftelephone, electrical, cable television and gas facilities. Developer's responsibilityfor dust and erosion control shall extend to include a period of one year from the date of final acceptance bythe City of the work performed underthis agreement. If a dust or erosion problem arises during development or within a period of one year from the date of final acceptance by the City of the work performed underthis agreement, including but not limited to installation of telephone, electrical, cable television, andlor gas facilities, and has not, after notice, been abated by Developerwithin a specified period of time, the City shall cause the same to be controlled, and the Developer shall be charged with the cost of said control. nmr -' e ow e,a • es 1. em Fire protection facilities approved by the Fire Chief, including all-weather access road and an approved water supply capable of supplying the required fire flow, shall be installed and made serviceable in accordance with the City fire code priorto and during the time of building construction. The above may be modified when alternate methods of protection approved by the Fire Chief are provided. 21. Protection of Existing Improvements Damageto any existing improvements or private or public utility lines installed or being installedwhich damage occurs during the onsite and offsite construction required of Developer shall be the absolute responsibilityand liabilityof Developer. In other words, it shall be the Developer's responsibility to pay for damage to existing improvements and impagmt (rev. 09/27/2007) 6 public or private utilities within the development. Damage to any existing facilities outside the limits of the subdivision damaged as part of the construction of the required subdivision improvements is also the Developer's responsibility. 22. Dwellina Occupancy The Citywill not allow occupancy of any building or structure within the project until all deferred fees have been paid, public improvements have been approved and accepted by the Public Works Department per established City policyand other requirements of the City codes have been met. If building is started prior to acceptance of the improvements, it is the Developer's responsibility to inform all prospective purchasers that occupancy will not be permitted until said deferred fees are paid and public improvements are so accepted. 23. Developer Not Aaent of City Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connectionwith the performance of Developer's obligations under this agreement. 24. Notice of Breach and Default If Developer refuses or fails to obtain prosecutionof the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Developer should be adjudged bankrupt, or Developershould make a general assignment for the benefitof Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency, or if Developer or any of Developer's contractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, the Public Works Directoror City Council may serve written notice upon Developer and Developer's surety of breach of this agreement, or any portion thereof, and the default cf Developer. 25. Breach of Aareement: Performance bvSurety or City In the event of any such notice, Developer's surety shall have the duty to take over and complete the work and the improvements or warranty work herein specified; provided however, that if the surety, within five days after the serving upon it of such notice of breach, does not give City written notice cf its intention to take over the performance of the contract, and does not commence performancethereof within 5 days after notice to City of such election, City maytake over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost or damage occasioned City thereby; and, in such event, City, without liabilityfor so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. impagmt (rev. 09/27/2007) 7 26. Notices All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: Richard C. Prima, Jr. Public Works Director 221 West Pine Street P. O. Box 3006 Loc% CA 95241-1910 Notices required to be given /to Devellopershall be addressed ps follows: TtY r L • ��u rV -Strio 5. 4U(dtowu Notices required to be given to Developer's agent shall be addressed ag folio arom , dDc - Notices required to be given to surety s ail a addressed as follows: Provided that either party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. impagmt (rev. 09/27/2007) 26. Execution In Witness Whereof, Developerand City have caused their names to be hereunto affixed and the City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers thereunto duly authorized. /1) -/-0 T Date rk".a � Date AM. Stephens Construction Company Inc. (CORPORATE SEAL) CITY OF LODI, A MUNICIPAL CORPORATION B Bla: ir King, City Manager Date ATTEST: Randi Johl, City Clerk Date APPROVED AS TO FORM: D. Stephen Schwabauer, City Attorney impagmt (rev. 09/27/2007) 9 X IC PIE —FX 210 PRIVATE UTILITY EASEMENT 15 PRIVATE HARED ACCESS g Ir FIRE ONE EASEMENT RECORDED B'T SEPARATE DOCUMENT CONCURRENT WITH MAP RECORDATION N89'I D'A'E '— — :3 38.36511 Z (NNMONUMENT) PARCEL 7 =_ 00 ACRE 1 5' OVERHEAD PUE. II R = 810.0G'(R IRI o 6`44 57 = 231i 5]- J CH N09'09'S 1'W 1 S `�V✓TR (RT TSB?'_ _ N89'12'51'E 81!71' (11) 80.2D 0.20 EX. 10 P U E --1 2D' PLIBLIC UTILITY EASEMENT .___IT---- ORC50 EeE2 oRC50 ELRE3 PARCELPARCEL ARC0 5Q ELES OsrARCELFQ D.SPARCEL I IRE DETAIL "A'� SEE DETAIL "A'-� SEE DETAIL "A"-� 5891251 -W- 711. A2 PRIVATE SHARED ACCESS R, I L11.5 GVERHEAD PUE. L EX. IC' PUE e NE EASEMENT RE OyR pep,B" 16. P U E. A 6.5' OVERHEAD P.0 E. WIN MAP RECORDATION EX IO' PUBLIC LI EASEMENT -- _ L^SCI AIDI.- - F INCILY TRIAL 11CINITY MAP NTS REFER TD 'ENTATIr MAP NI) 04-P-009 a PAR 1 00 A�`cL RE — —T,60 II-- — ED CONCRETE NAIL AND BRASS TAG STAMPED R 196381N CONCRETE FE) FOOTING PM. 21-ISa P U 30 PPNATE SHARED ACCESS & FIRE ONE EASEMENT .5 1", .5E OVERHEAD 5' P EI LOTS 2, 4, AND 6 _.NITS "4" PARCEL MAP OF RESUBDIVISION OF PARCEL 2 OF PARCEL MAP FILED FOR RECORD IN BOOK 22 OF PARCEL MAPS PAGE 67, SAN JOAQJIN COUNTY RECORDS BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 7, T. 3 N., R. 7 E., M.D.B. & M., City of Lodi San Joaquin County, California SHEET 3 OF 3 SHEETS FEBRUARY 2005 PM 2I-159 DIUDN & MURPHY CONSULDNG CINL ENGINEERS ENGINEERING PLANNING . SVR VE, IN, MONUMENTS SET, 3/4" X 30' IRON RODS WITH CAP STAMPED LS 7269 AND SHOWN THILI UNLESS OTHERWISE NOTES BASIS _ Or _BEARINGS THE SOUTH UI OF PARCEL 2 SEARS 9 El- IC 51 W A$ PER BOON FF OR PARCEL MAPS A' psLE f," SAN JOAQUIN RECORDS OTESi I. V REOU REMENTS OF THE LODI MUNICIPAL; CODE FOR THE DEDICATION OF RIGH— AND EASEMENTS, ABANDONMENT OF UNDERGROUND TANKS AND WELLS_ PAYMENT OF FEED AMC INSTALLATION OF OFF SOE STREET IMPROVEMENTS AND UTILITIES HARE NOT BEEN MET AT THIS TIME AND MUST BE MET PRIOR. TO DEVELOPMENT OR ISSMNIE OF A BUILDING PERMIT OR WHEN REQUESTED BY THE CITY 2 THE RUE DEDICATION GIVES THE CITY; OWNERS OF FORDO UTILITIES THE OWNERS OR CABLE TV FRANCHISES THE RIGHT TO ACCESS. CONSTRUCT. MAINTAIN. INSPECT. REPAIR_ REPLACE, REMOVE, AND OPERATE THEIR; FACILITIES IN THE P. U. E'S NO BUILDINDS OR STRUCTURES SHALL BE CONSTRUCTED NOR SHALL All THING BE PLANTED WITHIN THE _ASEMENT WHICH WOULD INTERFERE WITH THE USE DR OPERATION ISE PLIBLIC' UTiLITI E_ IN THE EASEMENT. 3 BUILDINGS AND STRUCTURES IN CONED MANCE WITH Gln OF LODI ZONING ORDINANCES AND BUILDING CODES ARE PERMITTED ICN THE OVERHER PUBLIC UTIL1Tv EASEMENT T( 4 AumbME WEEam OIEABURSEEAR CAL ULATED FROM MEASURED DATA UNLESS OTHERWISE NOTED 5 ALL PARCELS SHALL PROVIDE FIRE ACCJE- AND TURN-A-BOU75 IN COMPLIANCE WITH CALIFORNIA FIRE CODE 902-224 NO BUILDINGS OR STRUGNRES RE TO ENCROACH WITHIN AND UPON FIRE ACCESS EASEMENTS 6 IRE LANE AND ACCESS EASEMENTS ARE TO BE LEFT CLEARED OF ANI AND ALL OBSTACLES Al ALL TIMES LEGEND. PARCEL MAP — FD 3/4' R CAPPED ED FOUND R.0 lE 19635 UNLESS IS IRON ROD OTHERWISE NOTED SEC SECTION (Rl l P MI 22-67 a EXISTING DOC DOI;UMENT __-- U E PUBUC UTILITY NOTE ALL RECORDS ARE Oi CAI)IIIN EASEMENT COUNT BISON PRECEOEB PACE RESOLUTION NO. 2007-201 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING IMPROVEMENTAGREEMENT FOR THE PUBLIC IMPROVEMENTSAT 610 SOUTH GUILD AVENUE NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Improvement Agreement for Public Improvements at 610 South Guild Avenue; and BE IT FURTHER RESOLVED that the City Council hereby directs the City Manager and City Clerk to execute the Improvement Agreement on behalf of the City of Lodi. Dated: October 17, 2007 hereby certify that Resolution No. 2007-201 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 17, 2007, by the following vote: AYES: COUNCIL MEMBERS— Hansen. Hitchcock, Katzakian, Mounce, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None ANDI JOHL City Clerk 2007-201 CITY COUNCIL BOB JOHNSON, Mayor JOANNE L. MOUNCE Mayor Pro Tempore LARRY O.HANSEN SUSAN HITCHCOCK PHIL KATZAKIAN Arthur L. Anderson Siegle Trust 11 Jennifer Lane Alamo. CA 94507-1207 CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LOOI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.lodi.gov October 12, 2007 BLAIR KING City Manager RANDIJOHL City Clerk O.STEVEN SCHWABAUER City Attorney RICHARD C. PRIMA, JR. Public Works Director A.M. Stephens Construction Company P.O. Box 1867 Lodi, CA 95241 SUBJECT: Adopt Resolution Approving ImprovementAgreement for Public Improvementsat 610 South Guild Avenue Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, October 17, 2007. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunityto address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand-deliverthe letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Randi Johl, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please cal Lyman Chang, Senior Civil Engineer, at (209) 333-6800, extension 2665. Richard C. Prima, Jr. —�t3Y Public Works Director RCPlpmf Enclosure cc: City Clerk K:1WP\DEV SERVWCIMPAGMT F(NALMAP6IU 8 GUILD.00C